Denying Sex, Affair Suspicion is Cruelty: Bombay HC

• Bombay High Court upheld a divorce order.
• Ruled wife’s denial of physical relations and suspicion of affair was cruelty.
• Court noted husband suffered mental anguish.

GG News Bureau
Mumbai, 18th July: The Bombay High Court on Thursday dismissed a woman’s petition challenging a family court’s divorce order, ruling that a wife’s denial of physical relations with her husband and suspicion of a love affair amounted to cruelty. The High Court stated that the wife’s conduct caused mental anguish to the husband and that there was no possibility of reconciliation in the marriage.

This significant ruling comes amidst various divorce cases across the country presenting diverse arguments. The Bombay High Court upheld the divorce order and also rejected the woman’s demand for ₹1 lakh monthly alimony.

Court’s Stance on Marital Cruelty
A division bench of Justices Revati Mohite Dere and Neela Gokhale observed that while a husband’s refusal of physical relations after marriage is not inherently wrong, accusing him of a love affair due to this refusal indeed constitutes cruelty. The bench emphasized that the woman’s conduct could be considered cruel towards her husband.

The court rejected the wife’s appeal, which had challenged the family court’s decision to grant the husband’s divorce petition. The wife had also sought a directive for her husband to pay her ₹1 lakh monthly maintenance.

The couple married in 2013 but separated in December 2014. In 2015, the man approached the Pune family court seeking divorce on grounds of cruelty, which was granted. In her petition to the High Court, the woman claimed harassment by her in-laws but asserted her love for her husband, stating she did not wish to end the marriage.

However, the husband cited multiple grounds for cruelty, including the wife’s refusal of physical relations, her baseless suspicions of his extramarital affairs, and causing him mental agony by embarrassing him before his family, friends, and employees. The High Court also noted that the wife’s indifferent and uncaring behavior towards the husband’s specially-abled sister would undoubtedly cause distress to him and his family members. Dismissing the wife’s petition, the court concluded that the marriage between the couple was irrevocably broken with no possibility of improvement.